DFS organises Half-Day Workshop on IBC Amendment Act, 2026 (See 'Corp Brief') National Seminar on 'New Age Fibres – Innovation, Research and the Road Ahead' inaugurated (See 'Corp Brief') National Commission for Minorities organizes Conference of State Minorities Commissions (See 'Corp Brief') IPR - Sec 17 of Trade Marks Act does not prevent protection of prominent part of composite mark where that part is distinctive: HC (See 'Legal Desk') MoS launches Ayush Anudan Portal under Ayush Grid Initiative (See 'Corp Brief') Coal Production commences from Urtan and Dhirauli Mines in MP (See 'Corp Brief') Govt's TEAM Initiative empowering Small Businesses through Digital Commerce Enablement (See 'Corp Brief') PMLA - Provisional attachment not invalidated due to lack of competency of officer; amended provisions do not apply to transactions prior to 2016 amendment if property continues to be held: SAFEMA (See 'Legal Desk') MoRD charts roadmap for Women-Led Rural Marketing Ecosystems (See 'Corp Brief') Pharmacopoeia Commission organizes 5-Day Capacity Building Training (See 'Corp Brief') Saurabh Vijay assumes charge as CEO of Unique Identification Authority of India (See 'Corp Brief') Companies Act - Appellant company directed to change its name where it significantly resembles the name of a pre-existing company and may cause confusion: HC (See 'Legal Desk') Minister reviews technology-led underground mining, integrated smelting operations (See 'Corp Brief') Scientific Steering Committee Meeting on National One Health Mission Held in New Delhi (See 'Corp Brief') Govt launches campaign to reduce edible oil consumption (See 'Corp Brief') PMLA - Provisional attachment unsustainable when Initiating Officer fails to establish source of consideration & beneficial ownership as per Section 2(9)(A): SAFEMA (See 'Legal Desk') HM inaugurates 'Million Minds Tech Park' and 'GREMI City Campus' in Ahmedabad (See 'Corp Brief') Amit Shah inaugurates State-of-the-Art Milk Processing Plant of Madhur Dairy (See 'Corp Brief') Experts Discuss Yoga for Youth and Mental Wellness in Digital Era (See 'Corp Brief') Misc - RBI circular dated June 07, 2019 on 'Prudential Framework for Resolution of Stressed Assets' was policy decision taken by expert body in larger public interest: HC (See 'Legal Desk') GeM continues to support Digital Public Procurement System (See 'Corp Brief') Ministry of Education reviews strategy for mainstreaming Out-of-School children (See 'Corp Brief') Misc - NBFC cannot reposses financed vehicle through coercive means, without adherence to due process of law and in violation of RBI recovery guidelines: HC (See 'Legal Desk') Supreme Court lays down scenarios for lifting of Doctrine of Corporate Veil (See 'CORP EINSICHTf')

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

TIOL CORP SEARCH

TIOL GROUP WEBSITES